How does a termination order work?

Really wish I didn't have to go down this path but...

What is the actual process for applying to NCAT for termination orders, and how long does it take, and what are some of the potential roadblocks the tenant could throw at us, and how much power does NCAT even have?

Context: ripping up garden (see my other post) and non-compliance with strata bylaws around parking, blocking driveway and other residents' garages.

 

Let your PM do it.

 

Totally, but I'd still like to know the process for my own sanity.

 

I'm particularly interested in the burden of proof. If a PM issues a breach notice, can the tenant turn around and say, "I never received it"?

 

Your PM will know the legal ways to issue notices so that receipt is certain.
Marg

 

Perhaps post the details of responses and answers from your PM, then we can comment more specifically.

 

If you use a pm you have to trust them.

 

There's no specific requirement for issuance, but "I didn't get it" is an especially successful excuse in tribunal, so it's a good question. Some suggestions are;
- Hand-deliver directly to tenants front door or mailbox, take a date-stamped photo. If it proceeds to tribunal, add an Affidavit/Stat Dec that it was delivered.
- Email, with read receipts on.
- Send SMS to advise it has been issued.
- Send by registered post.

Obviously if they can goad the tenant into acknowledging they've received it, you're all good. Sometimes tenants are clever and wont acknowledge, so you have to trust the tribunal will see you've made it impossible for them to miss.